Amending a divorce petition is sometimes necessary when the petition was not filled out correctly and contains errors. The courts have rules about how to correct these errors by amending the petition. Some examples of errors are incorrect box checked or not checked, incorrect spelling of a name, or incorrect dates. There may be other errors.These are some of the rules for amending a Divorce petition:
1. If the spouse has been served but did not respond, the courts allow that the petition can be amended one time and re-served.
2. If the spouse has been served and responds, then the petitioner would need a motion in order to amend the petition and re-serve.
3. If the parties are in agreement, the petition can be amended by a Marital Settlement Agreement or Stipulation that is signed and notarized by both parties.
Amending a petition can be complicated as there are many variables. It is best to call our law firm to request a consultation with the Attorney to determine the best remedy for your situation. We offer affordable, low flat fees for your consultation…so call us today!
Watch Legal Action Workshop’s video on how to amend a divorce petition below.
If the petition needs to be amended and the Respondent has not filed a response and default has been entered on original petition, does a 2nd default need to be obtained if he doesnt respond to the amended petition?
Thank you.
Julie,
Typically if the petition needs to be amended you would have received a rejection letter from the court with corrections that need to be made. In essence, the default would be rejected. It would be best for you to take the paperwork with the rejection letters to the court to make sure what is needed. If you need to amend the petition, you would then re-serve the respondent and after 30 days from the date of service (when no response is filed), another default would need to be filed.
Hope this helps!
Brenda